Judiciary authority

Johnson, Samuel, xvi, 585, 587 Johnson, William, 449, 450 Jones, Dr. Walter, 38 Judaism, compared to classics and Christianity, 265-70, 403-5 judiciary authority of Supreme Court over states, 453-7... 

It is curious to observe with what vehemence this part of the plan is assailed, on the principle here taken notice of, by men who profess to admire without exception the constitution of this state [i.e.. New York] while that constitution makes the Senate, together with the chancellor and judges of the supreme court, not only a court of impeachments, but the highest judicatory in the state in all causes, civil and criminal. The proportion, in point of numbers, of the chancellor and judges to the senators, is so inconsiderable, that the judiciary authority of New-York in the last resort may, with truth, be said to reside in its senate. If the plan of the convention be in this respect chargeable with a departure from the... 

In that ofNew- rsey also the final judiciary authority is in a branch ofthe legislature. In New-Hantpshire, Massachusetts, Pennsylvania, and South-Carolina, one branch of the legislature is the court for the trial of impeachments. 

The manner of constituting it seems to embrace these several objects — 1st. The mode of appointing the judges. 2d. The tenure by which they are to hold their places. 3d. The partition of the judiciary authority between different courts, and their relations to each other. 

It seems scarcely to admit of controversy that the judiciary authority of the union ought to extend to these several descriptions of causes. l st. To all those which arise out of the laws of the United States, passed in pursuance of their just and constitutional powers of legislation 2d. to all those which concern the execution of the provisions expressly contained in the articles of union 3d. to all those in which the United States are a party 4th. to all those which involve the PEACE of the CONFEDERACY, whether they relate to the intercourse between the United States and foreign nations, or to that between the States themselves 5th. to all those which originate on the high seas, and are of admiralty or maritime jurisdiction and lastly, to all those in which the state tribunals cannot be supposed to be impartial and unbiassed. 

Let us now return to the partition of the judiciary authority between different courts, and their relations to each other. 

Regulation of the activities of all actors involved in the use of medicines is critical to ensuring rational use (Table 8). If regulations are to have any effect, they must be enforced, and the regulatory authority must be sufficiently funded and backed up by the judiciary. 

The purest republican feature in the government of our own State, is the House of Representatives. The Senate is equally so the first year, less the second, and so on. The Executive still less, because not chosen by the people directly. The Judiciary seriously anti-republican, because for life and the national arm wielded, as you observe, by military leaders, irresponsible but to themselves. Add to this the vicious constitution of our county courts (to whom the justice, the executive administration, the taxation, police, the military appointments of the county, and nearly all our daily concerns are confided), self-appointed, self-continued, holding their authorities for life, and with an impossibility of breaking in on the perpetual succession of any faction once possessed of the bench. They are in truth, the executive, the judiciary, and the military of their respective counties, and the sum of the counties makes the State. And add, also, that one-half of our brethren who fight and pay taxes, are excluded, like Helots, from the rights of representation, as if society were instituted for the soil, and not for the men inhabiting it or one-half of these could dispose of the rights and the will of the other half, without their consent. 

Parliament has supreme authority. It may enact any measure, other than binding future Parliaments. It is not answerable to the judiciary. 

No political truth is certainly of greater intrinsic value or is stamped with the authority of more enlightened patrons of liberty than that on which the objection is founded. The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny. Were the federal constitution therefore really chargeable with this accumulat ion of power or with a mixture of powers having a dangerous tendency to such an accumulation, no further arguments would be necessary to inspire a universal reprobation of the system. I persuade myself however, that it will be made apparent... 

In the constitution of Georgia, where it is declared, that the legislative, executive and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other. We find that the executive department is to be filled by appointments of the legislature and the executive prerogative of pardon, to be finally exercised by the same authority. Even justices of the peace are to be appointed by the legislature. 

The fifth point will demand little animadversion [criticism]. The most bigotted idolizers of state authority have not thus far shewn a disposition to deny the national judiciary the cognizance of maritime causes. These so generally depend on the laws of nations, and so commonly affect the rights of foreigners, that they fall within the considerations which are relative to the public peace. The most important part of them are by the present confederation submitted to federal jurisdiction. 

Having thus laid down and discussed the principles which ought to regulate the constitution of the federal judiciary, we will proceed to test, by these principles, the particular powers of which, according to the plan of the convention, it is to be composed. It is to comprehend, all cases in law and equity arising under the constitution, the laws of the United States, and treaties made, or which shall be made under their authority to all cases affecting ambassadors, other public ministers and consuls to all cases of admiralty and maritime jurisdiction to controversies to which... 

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